You do not allow them to move into the premises or you give up the idea of having the protection of a lease. Once you let them move in without signing a lease they are your problem. It should be noted that a tenant who refuses to sign a lease is giving you a loud message about what type of experience you can expect in the future.
In essence, there is no lease. It's a month-to-month agreement, which is subject to the laws regarding landlords and Tenants in your state. If there is an original contract and that contract has expired, it is no good. Therefore there are laws in every state that regulates and enforce the rights of landlord and tenants. The laws have their own set of rules by which each side must abide, such as the payment frequency, laws which prevent landlord from abusing their tenants, and laws which prevent the tenants from abusing their landlords.
That being said, if you want your landlord to draft a new lease for both of you sign, then you need to request it. If the landlord refuses to sign a new lease, then you have the choice of either continuing month-to-month tenancy or moving out.
No, but they are a tenant if they paid rent.
Of course!! In general it will always be the potential tenant who will sign the lease first.
No they can't, only people on the lease can reside. The roommate would have to sign a new lease.
Of course not. A lease is a legal contract that is enforceable in court. Moving out doesn't terminate the lease. When you sign a lease you are responsible for the full duration of the lease. You may need to sue your co-tenant. You should consult with an attorney or with a landlord-tenant agency in your town.
You need to come into agreement with the current tenant as well as the landlord. If the landlord approves, you will sign an agreement to take over the lease from the current tenant.
No. A lease is a legally binding contract, which obligates both the landlord and tenant to a tenancy for the term of the lease. If you and the landlord both signed a lease, and the landlord refuses to give you occupancy of the property, you need to see a landlord-tenant attorney or tenant's rights group immediately!
Only the person who signed is a party to the contract. The tenant who didn't sign is not bound by the lease.
For the rental lease agreement to be valid in the United States court of law it has to be signed by the Landlord and Tenant.
Lease agreements are highly important records for a property, both for the landlord and the tenant. Hence, witnesses are definitely required by the director to sign lease agreements.
No you never ever sign anything that says you have received something when you have not.
Generally yes, if the spouse is going to be living with the tenant. Most landlords will require that all adults who will be living in the property unit sign the lease, and are subject to the same terms of the lease as the principal signer.
No.